Preview

Caveat Emptor In The Capitalism: The Case Of Stella Liebeck

Good Essays
Open Document
Open Document
1055 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Caveat Emptor In The Capitalism: The Case Of Stella Liebeck
The rise of capitalism and the free market system is set based on the ideological premise that people are rational actors endowed with the highest degree of freedom, dignity, and respect. Caveat emptor embodies this attitude. At the same time, caveat emptor raises important questions about whether an ideological perspective of humans as free individuals with dignity can be applied without any restriction, especially when the humans involved include the elderly and young children. In a fast-moving economy, caveat emptor becomes more complicated as transactions no longer involve explicit contracts, and instead, an implied contract becomes the norm.
Caveat emptor is a Latin phrase that means that “Let the buyers beware” (Brusseau, 2012). In its
…show more content…
Is this a good justification against a caveat emptor attitude? Yes, if one considers the fact that one in nine seniors reported being abused, neglected, or exploited, and financial exploitation is very high (NAPSA n.d.). While intending to fully respect the dignity and autonomy of people, a caveat emptor attitude might be betraying its intentions by allowing seniors to be abused financially and emotionally, thus robbing them of their dignity and …show more content…
An implied contract is a basic (unmentioned) agreement between the seller and consumer based on three principles. The first is that neither the buyer nor the seller is forced into the transaction (Brusseau, 2012). McDonald's is not forcing Liebeck to buy their coffee at gunpoint. Neither is Liebeck pressuring McDonald's to sell her their coffee. The second principle, on the other hand, requires that both the seller and buyer must have a reasonable amount of information about the product (Brusseau, 2012). On this principle, McDonald's made the mistake of not mentioning that the coffee cup could splash out when it is opened and that it is hot enough to cause third-degree burns (Brusseau, 2012). Liebeck failed to obtain complete information regarding the consumption of the product that she purchased (Brusseau, 2012). The last principle involves honesty (Brusseau, 2012). McDonald's cannot provide a chocolate milkshake to Liebeck while advertising coffee on their menu. Meanwhile, Liebeck has to pay the full price as specified by

You May Also Find These Documents Helpful

  • Better Essays

    Peckinpaugh, C. (1998) What are implied contracts? The business of federal technology. Retrieved from web December 16, 2012.…

    • 1123 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Unit 3 Ip Busn150

    • 894 Words
    • 4 Pages

    The first two types of contracts are express and implied contracts. When dealing with an express contract the individuals use an oral or written method at the time the contract is created. There is an assured written or oral proposal that is acknowledged by the individual to whom the proposal is prepared in a style that openly expresses agreement to its terms. An implied contract is as edging as express contract. An implied contract is a result from a shared agreement and has the intention to keep a promise that has not been extracted into words. It is dependent upon substances for its actuality and so, for an implied contract to ascend there has to be some act or conduct of the parties, in sequence for them to be guaranteed. An implied contract is a result from a shared agreement and has the intention to keep a promise that has not been extracted into words.…

    • 894 Words
    • 4 Pages
    Good Essays
  • Better Essays

    P4 P5 D1 - Unit 21

    • 2274 Words
    • 10 Pages

    * The implied term - Part of the contract not necessarily included by the parties but automatically included by the law to protect all parties.…

    • 2274 Words
    • 10 Pages
    Better Essays
  • Better Essays

    BUS 311 Week 5 Final paper

    • 2534 Words
    • 7 Pages

    Implied contacts are “formed not by the express words of the parties, but rather by their actions.” (Rogers, 2012) With this type of contract the agreement is implied by actions. There are no expressed words within an implied contract. It can be either implied in fact or in law. If a contract will result in inequity or harm it will not be implied. If there is any doubt or discrepancy exists, then the court might not conclude a contractual relationship. If an implication arises that they have jointly assented to a new contract that contains the same requirements as the old agreement.…

    • 2534 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Lwc1 Study Plan

    • 8919 Words
    • 36 Pages

    Implied Contract - the words and conduct of the parties indicate that they intended an agreement…

    • 8919 Words
    • 36 Pages
    Good Essays
  • Satisfactory Essays

    In the article 14 Acker breaks down how capitalism works and its history. The two major routes to racialized and sexualized capitalism that Joan Acker describes in the first two paragraphs are Industrial Capitalism that emerged in American society with white males and second these are embedded and replicated through the gendered substructures of capitalism such as paid production activities and unpaid domestic activities. Capitalism is a system in which a small group of individuals control capital and make important decisions for everyone. The small group of people are mostly white males which own the means of production, and pay low wages to their workers. Segregation within Capitalism has been going on since its creation.…

    • 237 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Law and It's System

    • 346 Words
    • 2 Pages

    When many contracts arise from discussions in which parties actually discuss the promised terms of their agreement are called express contracts. Implied-in-facts arise from the conduct of the parties rather than from words.…

    • 346 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Contracts Outline

    • 7822 Words
    • 32 Pages

    * Implied in law: really not a contract at all, but when one person confers a benefit on another, in order to avoid unjust enrichment to the person who received the benefit the law may imply the right to recover a reasonable value of that benefit in Quasi-contract. (ex: Dr who treats injured victim along road. Victim recovers and nothing was ever said about paying the dr. Bec the victim was enriched by Dr’s actions the law may imply a contract so the Dr can recover)…

    • 7822 Words
    • 32 Pages
    Good Essays
  • Good Essays

    The idea of positive and negative liberties applies to nearly every political decision a person can make. In the case of America’s involvement in the French Revolution, both liberties clashed heavily within young America, and for a time there was much contention on the subject; but which prevailed? Which was best? Positive liberty.…

    • 375 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Spark Notes, Editors. "The Social Contract." Spark Notes. N.p., May . Web. 19 May 2012. <http://www.sparknotes.com/philosophy/socialcontract/section2.rhtml>.…

    • 1919 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Explain. Does the fact that she’s seventy-nine years old make it more difficult to justify a caveat emptor attitude in this case? One aspect of the caveat emptor doctrine is that it maximizes respect for the consumer as an independent and autonomous decider. Could that be a reason for affirming that a seventy-nine-year-old is a better candidate than most for a caveat emptor ethics of consumption?…

    • 906 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    POSC 171

    • 875 Words
    • 4 Pages

    i. The economy is part and parcel of human activity and precisely because it is human, it must be structured and governed in an ethical manner.” Indeed, every economic decision has a moral dimension because every economic decision carries with it a moral consequence. This moral dimension extends not only to the activity of service providers, manufacturers, and financiers, but also to consumers who must recognize that purchasing is always a moral and not simply economic act. (page 994-995)…

    • 875 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Exam Guide Math-221

    • 484 Words
    • 2 Pages

    Service and Product Design; Quality; Process and Capacity Design; Location; Layout Design; Human Resource; Supply Chain Management; Inventory; Scheduling; Maintenance.…

    • 484 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Threat of New Entrants: When Apple first began in the early 1980’s, the threat of new entrants was significant. PCs were a relatively new commodity with little distinction, few competitors, and no government regulation, and although initial R&D was complex, assembly was simple. Unsurprisingly, new firms emerged quickly and forced Apple to differentiate its product over time. This push continued through the years, and ultimately, Apple was forced to create more innovative, unique, and quality products—a dynamic favorable to both Apple and the industry. At the same time, the industry’s dominant players were becoming established, reducing the threat of new entrants and solidifying Apple’s position.…

    • 736 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Narratology- The branch of literary criticism that deals with the structure and function of narrative themes, conventions, and symbols. A term used since 1969 to denote the branch of literary study devoted to the analysis of narratives, and more specifically of forms of narration and varieties of narrator. Narratology as a modern theory is associated chiefly with European structuralism, although older studies of narrative forms and devices, as far back as Aristotle's Poetics (4th century BCE) can also be regarded as narratological works.…

    • 2573 Words
    • 11 Pages
    Good Essays